| Court: | nysd |
| Docket #: | 1:08-cv-03318 |
| PACER case #: | 323694 |
| Date filed: | 2008-04-03 |
| Date terminated: | 2010-10-08 |
| Date of last filing: | 2008-08-20 |
| Assigned to: | Judge Laura Taylor Swain |
| Referred to: | Magistrate Judge James C. Francis |
| Case Cause: | 28:1332oc Diversity-Other Contract |
| Nature of Suit: | 790 Labor: Other |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Jeana Barenboim Plaintiff on behalf of herself and on behalf of all others similarly situated |
Charles Edward Joseph Daniel Maimon Kirschenbaum Michael Douglas Palmer Shannon Liss-Riordan |
| Jose Ortiz Plaintiff on behalf of himself and all others similarly situated |
Michael Douglas Palmer Daniel Maimon Kirschenbaum Shannon Liss-Riordan |
| Revans Ragbir Plaintiff on behalf of himself and all others similarly situated TERMINATED: 03/30/2009 |
Michael Douglas Palmer Daniel Maimon Kirschenbaum Shannon Liss-Riordan |
| Julianne Harayda Respondent |
Lester L. Levy , Sr Michele Fried Raphael Natalie Marie MacKiel |
| Starbucks Corporation Consolidated Defendant |
Gregory W Knopp |
| Starbucks Corporation Consolidated Defendant |
Gregory W Knopp |
| Julianne Harayda Respondent |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2008-04-03 | 1 | 0 | Complaint | COMPLAINT against Starbucks Corporation. (Filing Fee $ 350.00, Receipt Number 646503)Document filed by Jeana Barenboim.(jeh) (Entered: 04/07/2008) | 2009-08-04 07:09:39 | 8d1714f52220f69cba482f7571831c8305d24d60 |
| 2008-04-14 | 2 | 0 | Order for Initial Pretrial Conference | INITIAL CONFERENCE ORDER: An Initial Conference is set for 7/11/2008 at 03:00 PM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 4/14/08) (db) (Entered: 04/15/2008) | 2009-08-04 07:11:47 | 9150d688a88759331cd986d0f1ae36ee7c50d834 |
| 2008-04-14 | 3 | 0 | Order | ORDER: Plaintiff shall file and serve a Supplement to the Complaint by 4/29/08 containing allegations sufficient to demonstrate a basis for subject matter jurisdiction as further set forth in said Order. (Signed by Judge Laura Taylor Swain on 4/14/08) (db) (Entered: 04/15/2008) | 2009-08-04 07:14:01 | ff250c0fb2b71b3f9c82cb835ce7e913392b0618 |
| 2008-04-29 | 4 | 0 | Amended Complaint | AMENDED COMPLAINT amending 1 Complaint against Starbucks Corporation.Document filed by Jose Ortiz, Revans Ragbir, Jeana Barenboim. Related document: 1 Complaint filed by Jeana Barenboim.(dle) (Entered: 04/30/2008) | 2009-08-04 07:09:52 | a95e3f1baa18b5b0b9926fa03885e9cb710173c0 |
| 2008-05-13 | 5 | 0 | Motion to Appear Pro Hac Vice | MOTION for Shannon Liss-Riordan to Appear Pro Hac Vice. Document filed by Jose Ortiz, Revans Ragbir, Jeana Barenboim.(dle) (Entered: 05/14/2008) | 2009-08-04 07:15:49 | 59f519b1e211687d9d01fa4bef0b35d285808093 |
| 2008-05-16 | 6 | 0 | Order on Motion to Appear Pro Hac Vice | ORDER granting 5 Motion for Shannon Liss-Riordan to Appear Pro Hac Vice for plaintiffs Jeana Barenboim, Jose Ortiz, and Revans Ragbir.. (Signed by Judge Laura Taylor Swain on 5/16/08) (cd) (Entered: 05/19/2008) | 2009-08-04 07:11:56 | 053d91b15a3ad4e5f67e0bb6fa4d3a28219c8362 |
| 2008-05-20 | 7 | 0 | Notice of Appearance | NOTICE OF APPEARANCE by Michael Douglas Palmer on behalf of Jose Ortiz, Revans Ragbir, Jeana Barenboim (Palmer, Michael) (Entered: 05/20/2008) | 2009-08-04 07:13:42 | 6b51cfad17326503076c53702d9114ec00648761 |
| 2008-05-22 | 8 | 0 | Motion to Consolidate Cases | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Consolidate Cases 08-cv-4182. Document filed by Starbucks Corporation. (Attachments: # 1 Declaration in Support)(Guha, Samidh) Modified on 5/23/2008 (jar). (Entered: 05/22/2008) | 2009-08-04 07:11:01 | 8c6fc3d5e1d06da248d21818ce68a9cb9a799830 |
| 2008-05-27 | 9 | 0 | Rule 7.1 Corporate Disclosure Statement | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Starbucks Corporation.(Guha, Samidh) (Entered: 05/27/2008) | 2009-08-04 07:15:16 | 8238f4597850364c9843899aea730f51ba5580f2 |
| 2008-05-27 | 10 | 0 | Motion to Consolidate Cases | MOTION to Consolidate Cases 7:08-cv-4182. Document filed by Starbucks Corporation.(Guha, Samidh) (Entered: 05/27/2008) | 2009-08-04 07:08:45 | 6bde9f6319030adf6f146640f345d1a698066ad3 |
| 2008-05-27 | 11 | 0 | Declaration in Support of Motion | DECLARATION of Samidh Guha in Support re: 10 MOTION to Consolidate Cases 7:08-cv-4182.. Document filed by Starbucks Corporation. (Guha, Samidh) (Entered: 05/27/2008) | 2009-08-05 06:35:26 | 9ada64599c4a1a9dae0bea6366efac0e4a6f8a0e |
| 2008-05-29 | 12 | 0 | Response to Motion | RESPONSE to Motion re: 10 MOTION to Consolidate Cases 7:08-cv-4182. Declaration of Michele F. Raphael in Response to Starbucks Corporation's Motion for Consolidation. Document filed by Julianne Harayda. (Attachments: # 1 Exhibit Exhibit A)(Raphael, Michele) (Entered: 05/29/2008) | 2009-08-04 07:14:04 | 512f061bb62373c0e0bfafcb9343f88f35ba653e |
| 2008-05-29 | 13 | 0 | Answer to Amended Complaint | ANSWER to Amended Complaint. Document filed by Starbucks Corporation.(Guha, Samidh) (Entered: 05/29/2008) | 2009-08-04 07:15:00 | 1852e66e29a014dad404869206e2b3a42d18002f |
| 2008-06-10 | 14 | 0 | Motion to Appear Pro Hac Vice | MOTION for Nathan J. Oleson to Appear Pro Hac Vice. Document filed by Starbucks Corporation.(dle) (Entered: 06/11/2008) | 2009-08-04 07:10:22 | e5dd1678ad091d901f7833f6f1179656e25c9112 |
| 2008-06-10 | 15 | 0 | Motion to Appear Pro Hac Vice | MOTION for Jessica W. Paniccia to Appear Pro Hac Vice. Document filed by Starbucks Corporation.(dle) (Entered: 06/11/2008) | 2009-08-04 07:08:55 | bb76c4e558fdb1d9e71e2a651689e709760da880 |
| 2008-06-12 | 16 | 0 | Motion to Appear Pro Hac Vice | MOTION for Daniel L. Nash to Appear Pro Hac Vice. Document filed by Starbucks Corporation.(dle) (Entered: 06/12/2008) | 2009-08-04 07:13:21 | 78914440e36e8ef77b13675c35101f4ffb2b7b72 |
| 2008-06-16 | 17 | 0 | Order on Motion to Consolidate Cases | ORDER granting 10 Motion to Consolidate Cases. Motion to Consolidate Cases 08-3318 (as Lead Case) with 08-4182 for all purposes. The consolidated cases do not include Lawrence v Starbucks, 08-3734(LTS). The consolidated case shall be referred to collectively as In re Starbucks Employee Gratuity Litigation, Master File No. 08-3318, and as further set forth in this document. (Signed by Judge Laura Taylor Swain on 6/16/08) (cd) (Entered: 06/16/2008) | 2009-08-04 07:13:01 | e020ed17fa333de68ac76f3637ed800e378e2f55 |
| 2008-06-16 | 18 | 0 | Order on Motion to Appear Pro Hac Vice | ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN NOTICE: Jessica W. Paniccia of Akin, Gump, Strauss, Hauer & Feld LLP is admitted pro hac vice to appear or try this particular case in whole or in part as counsel or advocate for Defendant Starbucks Corporation in accordance with Local Rule 1.3(c). All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. If this action is assigned to the ECF system, counsel shall immediately apply for an ECF password at www.nysd.uscourts.gov. Counsel shall forward the pro hac vice fee to the Clerk of Court. (Signed by Judge Laura Taylor Swain on 6/16/08) (dle) (Entered: 06/16/2008) | 2009-08-04 07:14:25 | f2192fc9d9c5c051e18feece85659a2315cf2f11 |
| 2008-06-16 | 19 | 0 | Order on Motion to Appear Pro Hac Vice | ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN NOTICE: Nathan J. Oleson of Akin, Gump, Strauss, Hauer & Feld LLP is admitted pro hac vice to appear or try this particular case in whole or in part as counsel or advocate for Defendant Starbucks Corporation in accordance with Local Rule 1.3(c). (Signed by Judge Laura Taylor Swain on 6/16/08) (dle) (Entered: 06/16/2008) | 2009-08-04 07:12:35 | aee0d93867168568c99aae5b1efd3950cab890a3 |
| 2008-06-16 | 20 | 0 | Order on Motion to Appear Pro Hac Vice | ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN NOTICE: Daniel L. Nash of Akin, Gump, Strauss, Hauer & Feld LLP is admitted pro hac vice to appear or try this particular case in whole or in part as counsel or advocate for Defendant Starbucks Corporation in accordance with Local Rule 1.3(c). (Signed by Judge Laura Taylor Swain on 6/16/08) (dle) (Entered: 06/16/2008) | 2009-08-04 07:14:12 | 5c5b5fb670727eb62cd25f1beccce154083686f0 |
| 2008-06-18 | 21 | 0 | Notice of Appearance | NOTICE OF APPEARANCE by Shannon Liss-Riordan on behalf of Jose Ortiz, Revans Ragbir, Jeana Barenboim (Liss-Riordan, Shannon) (Entered: 06/18/2008) | 2009-08-04 07:11:11 | aeea3ae39e03775e58bd935355f35b3c890bfa42 |
| 2008-06-19 | 22 | 0 | Notice of Appearance | NOTICE OF APPEARANCE by Michele Fried Raphael on behalf of Julianne Harayda (Raphael, Michele) (Entered: 06/19/2008) | 2009-08-04 07:10:52 | e431e3586a7b85dc2d77a70123da79f85ffb0a5e |
| 2008-06-19 | 23 | 0 | Notice of Appearance | NOTICE OF APPEARANCE by Natalie Marie MacKiel on behalf of Julianne Harayda (MacKiel, Natalie) (Entered: 06/19/2008) | 2009-08-04 07:09:28 | 73ae2d14cfb3bf3b18398aba82a520e1128e264c |
| 2008-06-25 | 24 | 0 | Notice of Appearance | NOTICE OF APPEARANCE by Gregory W Knopp on behalf of Starbucks Corporation Filed In Associated Cases: 1:08-cv-03318-LTS, 1:08-cv-04182-LTS(Knopp, Gregory) (Entered: 06/25/2008) | 2009-08-04 07:10:35 | eea4f3c68749e5f118d03147fde31695624d9c80 |
| 2008-07-03 | 25 | 0 | Preliminary Pretrial Statement | PRELIMINARY PRETRIAL STATEMENT. Document filed by Starbucks Corporation.(Guha, Samidh) (Entered: 07/03/2008) | 2009-08-04 07:13:30 | 3e2be26c651f8bd0ab8d0ecf020483256868d8c6 |
| 2008-07-14 | 26 | 0 | Scheduling Order | PRETRIAL SCHEDULING ORDER: All applications to amend pleadings or join parties by 9/30/08. Motions due by 6/1/2009. All non expert and expert Discovery due by 4/30/2009. Final Pretrial Conference set for 10/9/2009 in courtroom 17C at 10:00 AM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 7/11/08) (cd) (Entered: 07/14/2008) | 2009-08-04 07:12:47 | 08230078100cefc73041f5cbdeb50339512d2d1a |
| 2008-07-14 | 27 | 0 | Order Referring Case to Magistrate Judge | ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James C. Francis. (Signed by Judge Laura Taylor Swain on 7/11/08) (cd) (lan). (Entered: 07/14/2008) | 2009-08-04 07:09:05 | 936692fb4b30fc67acdefce59345dcbee2e0d8ba |
| 2008-07-23 | 28 | 0 | Motion to Appoint Counsel | MOTION to Appoint Counsel Interim Class Counsel. Document filed by Julianne Harayda.(Raphael, Michele) (Entered: 07/23/2008) | 2009-08-04 07:09:23 | 6d0ec99b464ed9b654f83bcf6e8cb21a176276d5 |
| 2008-07-23 | 29 | 0 | Memorandum of Law in Support of Motion | MEMORANDUM OF LAW in Support re: 28 MOTION to Appoint Counsel Interim Class Counsel.. Document filed by Julianne Harayda. (Raphael, Michele) (Entered: 07/23/2008) | 2009-08-04 07:09:11 | 32d403b6c30be0349de1872329083f3959657cd9 |
| 2008-07-23 | 30 | 0 | Declaration in Support of Motion | DECLARATION of Michele Fried Raphael in Support re: 28 MOTION to Appoint Counsel Interim Class Counsel.. Document filed by Julianne Harayda. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Raphael, Michele) (Entered: 07/23/2008) | 2009-08-04 07:12:30 | dec52a350ec8d45eda6433f5b7cfddd218722c71 |
| 2008-08-06 | 31 | 0 | Memorandum of Law in Opposition to Motion | MEMORANDUM OF LAW in Opposition re: (28 in 1:08-cv-03318-LTS-JCF) MOTION to Appoint Counsel Interim Class Counsel. and Cross-Motion to Appoint Barenboim Counsel as Interim Class Counsel. Document filed by Jeana Barenboim. Filed In Associated Cases: 1:08-cv-03318-LTS-JCF, 1:08-cv-04182-LTS(Liss-Riordan, Shannon) (Entered: 08/06/2008) | 2009-08-04 07:12:15 | 1f3e2f617cf1704d907c891d09d62bd15be4cb6f |
| 2008-08-06 | 32 | 0 | Declaration in Support of Motion | DECLARATION of Shannon Liss-Riordan in Support re: (28 in 1:08-cv-03318-LTS-JCF) MOTION to Appoint Counsel Interim Class Counsel.. Document filed by Jeana Barenboim. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)Filed In Associated Cases: 1:08-cv-03318-LTS-JCF, 1:08-cv-04182-LTS(Liss-Riordan, Shannon) (Entered: 08/06/2008) | 2009-08-04 07:12:54 | fd0e36f2e3aedc293bd2617bbe90047dac08a068 |
| 2008-08-06 | 33 | 0 | Declaration in Support of Motion | DECLARATION of Maimon Kirschenbaum in Support re: (28 in 1:08-cv-03318-LTS-JCF) MOTION to Appoint Counsel Interim Class Counsel.. Document filed by Jeana Barenboim. (Attachments: # 1 Exhibit A, # 2 Exhibit B)Filed In Associated Cases: 1:08-cv-03318-LTS-JCF, 1:08-cv-04182-LTS(Liss-Riordan, Shannon) (Entered: 08/06/2008) | 2009-08-04 07:14:53 | 0b1c15fdfaa1eca78da3b3a42598160361140a2b |
| 2008-08-13 | 34 | 0 | Reply Memorandum of Law in Support of Motion | REPLY MEMORANDUM OF LAW in Support re: 28 MOTION to Appoint Counsel Interim Class Counsel.. Document filed by Julianne Harayda. (Raphael, Michele) (Entered: 08/13/2008) | 2009-08-04 07:13:51 | 41e88db930e7390f712ec3e5987f75ea5bf343ee |
| 2008-08-13 | 35 | 0 | Declaration in Support of Motion | DECLARATION of Michele Fried Raphael in Support re: 28 MOTION to Appoint Counsel Interim Class Counsel.. Document filed by Julianne Harayda. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Raphael, Michele) (Entered: 08/13/2008) | 2009-08-04 07:10:26 | e0e8f604d890981469119fffe3950b2d879a72eb |
| 2008-08-20 | 36 | 0 | Reply Memorandum of Law in Support of Motion | REPLY MEMORANDUM OF LAW in Support re: (28 in 1:08-cv-03318-LTS-JCF) MOTION to Appoint Counsel Interim Class Counsel. In Support of Barenboim's Counsel's Cross-motion to be Appointed Class Counsel. Document filed by Jeana Barenboim. Filed In Associated Cases: 1:08-cv-03318-LTS-JCF, 1:08-cv-04182-LTS(Kirschenbaum, Daniel) (Entered: 08/20/2008) | 2009-08-04 07:14:46 | c4a8770181450d840fa69493131f342b2254d6eb |
| 2008-08-20 | 37 | 0 | Declaration in Support of Motion | DECLARATION of Maimon Kirschenbaum in Support re: (28 in 1:08-cv-03318-LTS-JCF) MOTION to Appoint Counsel Interim Class Counsel.. Document filed by Jeana Barenboim. (Attachments: # 1 Exhibit A, # 2 Exhibit B)Filed In Associated Cases: 1:08-cv-03318-LTS-JCF, 1:08-cv-04182-LTS(Kirschenbaum, Daniel) (Entered: 08/20/2008) | 2009-08-04 07:11:36 | c8be690a8524d7c954ee7a1d5224350bf928eb6a |
| 2008-09-23 | 38 | 0 | ORDER: Pyle's submission focus primarily on the qualifications and experience of Shannon Liss-Riordan, Esq., who has been designated as the lead counsel representing Ms. Barenboim. The Court finds that Pyle/J&H have demonstrated that, by virtue of Ms. Liss-Riordan's specific prior experience in this type of tip allocation litigation, the preparatory work she has done in connection with this litigation, and her concurrent litigation of similar issues against Starbucks in Massachusetts, Pyle/J&H are in a better position to achieve litigation efficiencies. Thus, on this record, Pyle/J&H are, at this stage, best able to represent the interests of the putative class. Having so concluded, the Court does note that Barenboim is represented by two firms. The Court will hold Pyle/J&H strictly to their representation that their work will not be duplicative. The Court fully expects that litigation costs incurred will be no greater than they would be if the putative class were represented by a single firm. Pyle, Rome, Licthen, Ehrenberg & Liss-Riordan, P.C. and Joseph and Herzfeld are hereby appointed as co-interim counsel for the putative plaintiff class. The Clerk of Court is respectfully requested to terminated Docket Entry No. 28. (Signed by Judge Laura Taylor Swain on 9/22/08) Filed In Associated Cases: 1:08-cv-03318-LTS-JCF, 1:08-cv-04182-LTS(tro) Modified on 10/2/2008 (tro). (Entered: 09/24/2008) | |||
| 2008-10-22 | 39 | 0 | NOTICE OF CHANGE OF ADDRESS by Samidh Jalem Guha on behalf of Starbucks Corporation. New Address: Akin Gump Strauss Hauer & Feld LLP, One Bryant Park, New York, New York, USA 10036, 212-872-1000. (Guha, Samidh) (Entered: 10/22/2008) | |||
| 2008-12-03 | 40 | 0 | STIPULATED PROTECTIVE ORDER: Regarding procedures to be followed that shall govern the handling of confidential material. The Order may be modified by further order of the Court. (Signed by Magistrate Judge James C. Francis on 12/3/2008) Filed In Associated Cases: 1:08-cv-03318-LTS-JCF, 1:08-cv-04182-LTS(jfe) (Entered: 12/03/2008) | |||
| 2009-02-26 | 41 | 0 | MOTION to Certify Class. Document filed by Jeana Barenboim. Responses due by 3/12/2009Filed In Associated Cases: 1:08-cv-03318-LTS-JCF, 1:08-cv-04182-LTS(Liss-Riordan, Shannon) (Entered: 02/26/2009) | |||
| 2009-02-26 | 42 | 0 | MEMORANDUM OF LAW in Support re: (17 in 1:08-cv-04182-LTS, 41 in 1:08-cv-03318-LTS-JCF) MOTION to Certify Class.. Document filed by Jeana Barenboim. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)Filed In Associated Cases: 1:08-cv-03318-LTS-JCF, 1:08-cv-04182-LTS(Liss-Riordan, Shannon) (Entered: 02/26/2009) | |||
| 2009-03-03 | 43 | 0 | NOTICE of Filing Unsealed Exhibits to Plaintiffs' Memorandum in Support of Motion for Class Certification. Document filed by Jeana Barenboim. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D)(Liss-Riordan, Shannon) (Entered: 03/03/2009) | |||
| 2009-03-16 | 44 | 0 | MOTION for Extension of Time to File Response/Reply as to 41 MOTION to Certify Class. Defendant's Agreed Motion for Extension of Time to File Response to Plaintiffs' Motion for Class Certification. Document filed by Starbucks Corporation. (Attachments: # 1 Text of Proposed Order)(Paniccia, Jessica) (Entered: 03/16/2009) | |||
| 2009-03-18 | 45 | 0 | ORDER ON DEFENDANT'S AGREED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION: that Defendant's Motion is hereby GRANTED. Defendant shall have until April 9, 2009 to serve its response to Plaintiffs' Motion for Class Certification. The Clerk of the Court is requested to terminate docket entry No. 44. DONE AND ORDERED. (Signed by Judge Laura Taylor Swain on 3/18/2009) (tve) Modified on 4/8/2009 (tve). (Entered: 03/18/2009) | |||
| 2009-03-23 | 46 | 0 | REFERRED TO JUDGE FOR APPROVAL - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, With prejudice against the defendant(s) Starbucks Corporation and Without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Revans Ragbir.(Liss-Riordan, Shannon) Modified on 3/24/2009 (dt). (Entered: 03/23/2009) | |||
| 2009-03-24 | 47 | 0 | STIPULATION AND ORDER that the deposition of Julianne Harayda will not go forward prior to the Court's ruling on plaintiffs' motion for class certification filed by Pyle Rome/Joseph & Herzfeld. Should Starbucks seek to depose plaintiff Julianne Harayda at a later date, the parties and undersigned counsel will not object to the taking of the deposition on timeliness grounds, notwithstanding the passage of any pertinent deadlines. Discovery and proceedings on plaintiff Julianne Harayda's claims are hereby stayed until the Court makes a determination on the motion. Starbucks preserves the right to depose plaintiff Julianne Harayda and take further discovery of her claims and plaintiff Harayda preserves the right to take discovery of Starbucks, if plaintiff Harayda is later offered as a class representative, or if she becomes an opt-out plaintiff, or later chooses to pursue her claim as an individual plaintiff in this action. All parties hereby stipulate to an extension of any discovery deadline set in this case to allow such discovery. (Signed by Magistrate Judge James C. Francis on 3/24/09) (dle) (Entered: 03/24/2009) | |||
| 2009-03-30 | 48 | 0 | JOINT STIPULATION OF DISMISSAL WITH PREJUDICE OF PLAINTIFF REVANS RAGBIR: Plaintiffs stipulate that Revans Ragbir be dismissed as a named plaintiff from this lawsuit with prejudice and without costs. All rights of appeal are hereby waived. (Signed by Judge Laura Taylor Swain on 3/30/09) (dle) (Entered: 03/31/2009) | |||
| 2009-04-09 | 49 | 0 | FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: 41 MOTION to Certify Class.. Document filed by Starbucks Corporation. (Attachments: # 1 Exhibit Declaration of Nathan J. Oleson, # 2 Exhibit Declaration of Nancy Murgalo, # 3 Exhibit, # 4 Exhibit (Exhibit 3 continued))(Paniccia, Jessica) Modified on 4/10/2009 (jar). (Entered: 04/09/2009) | |||
| 2009-04-14 | 50 | 0 | MEMORANDUM OF LAW in Opposition re: 41 MOTION to Certify Class.. Document filed by Starbucks Corporation. (Attachments: # 1 Exhibit 3, # 2 Exhibit 3 (continued))(Paniccia, Jessica) (Entered: 04/14/2009) | |||
| 2009-04-14 | 51 | 0 | DECLARATION of Nathan J. Oleson (Exhibit 1) in Opposition re: 41 MOTION to Certify Class.. Document filed by Starbucks Corporation. (Paniccia, Jessica) (Entered: 04/14/2009) | |||
| 2009-04-14 | 52 | 0 | DECLARATION of Nancy Murgalo (Exhibit 2) in Opposition re: 41 MOTION to Certify Class.. Document filed by Starbucks Corporation. (Paniccia, Jessica) (Entered: 04/14/2009) | |||
| 2009-05-15 | 53 | 0 | MOTION to File Reply in Support of Plaintiffs' Motion for Class Certification by June 1, 2009 (Assented-to). Document filed by Jose Ortiz, Jeana Barenboim.(Liss-Riordan, Shannon) (Entered: 05/15/2009) | |||
| 2009-05-19 | 54 | 0 | MEMO ENDORSEMENT granting (53) Motion in case 1:08-cv-03318-LTS-JCF. ENDORSEMENT: The application is granted. This resolves docket entry #53. (Signed by Judge Laura Taylor Swain on 5/19/09) Filed In Associated Cases: 1:08-cv-03318-LTS-JCF, 1:08-cv-04182-LTS(tro) (Entered: 05/19/2009) | |||
| 2009-06-01 | 55 | 0 | NOTICE OF CHANGE OF ADDRESS by Shannon Liss-Riordan on behalf of Jose Ortiz, Jeana Barenboim. New Address: Lichten & Liss-Riordan, P.C., 100 Cambridge Street, 20th Floor, Boston, MA, USA 02114, 617-994-5800. (Liss-Riordan, Shannon) (Entered: 06/01/2009) | |||
| 2009-06-01 | 56 | 0 | MOTION for Summary Judgment. Document filed by Starbucks Corporation. Responses due by 6/18/2009(Paniccia, Jessica) (Entered: 06/01/2009) | |||
| 2009-06-01 | 57 | 0 | MEMORANDUM OF LAW in Support re: 56 MOTION for Summary Judgment.. Document filed by Starbucks Corporation. (Attachments: # 1 Exhibit Attachment A-1, # 2 Exhibit Attachment A-2, # 3 Exhibit Attachment A-3, # 4 Exhibit Attachment B-1, # 5 Exhibit Attachment B-2, # 6 Exhibit Attachment B-3, # 7 Exhibit Attachment C)(Paniccia, Jessica) (Entered: 06/01/2009) | 2012-12-28 09:51:01 | 82cf5a809ce6de2ce79f48e7db0617833108d829 | |
| 57 | 1 | Exhibit Attachment A-1 | ||||
| 57 | 2 | Exhibit Attachment A-1 | ||||
| 57 | 3 | Exhibit Attachment A-2 | ||||
| 57 | 4 | Exhibit Attachment A-3 | ||||
| 57 | 5 | Exhibit Attachment B-1 | ||||
| 57 | 6 | Exhibit Attachment B-2 | ||||
| 57 | 7 | Exhibit Attachment B-3 | ||||
| 57 | 8 | Exhibit Attachment C | ||||
| 2009-06-01 | 58 | 0 | DECLARATION of Nathan J. Oleson in Support re: 56 MOTION for Summary Judgment.. Document filed by Starbucks Corporation. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Paniccia, Jessica) (Entered: 06/01/2009) | |||
| 58 | 2 | Exhibit | ||||
| 58 | 3 | Exhibit | ||||
| 58 | 4 | Exhibit | ||||
| 58 | 5 | Exhibit | ||||
| 58 | 6 | Exhibit | ||||
| 58 | 7 | Exhibit | ||||
| 58 | 8 | Exhibit | ||||
| 2009-06-01 | 59 | 0 | DECLARATION of Nancy Murgalo in Support re: 56 MOTION for Summary Judgment.. Document filed by Starbucks Corporation. (Paniccia, Jessica) (Entered: 06/01/2009) | |||
| 2009-06-01 | 60 | 0 | RULE 56.1 STATEMENT. Document filed by Starbucks Corporation. (Paniccia, Jessica) (Entered: 06/01/2009) | 2017-06-09 11:17:27 | e68a7196673d18710da608a71922d5a6d9f5a807 | |
| 2009-06-01 | 61 | 0 | REPLY to Response to Motion re: 41 MOTION to Certify Class.. Document filed by Jose Ortiz, Jeana Barenboim. (Attachments: # 1 Exhibit A)(Liss-Riordan, Shannon) (Entered: 06/01/2009) | |||
| 2009-06-01 | 62 | 0 | MOTION for Summary Judgment. Document filed by Jose Ortiz, Jeana Barenboim.(Liss-Riordan, Shannon) (Entered: 06/01/2009) | |||
| 2009-06-01 | 63 | 0 | MEMORANDUM OF LAW in Support re: 62 MOTION for Summary Judgment.. Document filed by Jose Ortiz, Jeana Barenboim. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Liss-Riordan, Shannon) (Entered: 06/01/2009) | |||
| 2009-06-01 | 64 | 0 | RULE 56.1 STATEMENT. Document filed by Jose Ortiz, Jeana Barenboim. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Affidavit regarding Exhibits)(Liss-Riordan, Shannon) (Entered: 06/01/2009) | |||
| 2009-06-17 | 65 | 0 | JOINT MOTION for Extension of Time to File Response/Reply as to 62 MOTION for Summary Judgment., 56 MOTION for Summary Judgment.. Document filed by Starbucks Corporation. (Attachments: # 1 Text of Proposed Order)(Paniccia, Jessica) (Entered: 06/17/2009) | |||
| 2009-06-24 | 66 | 0 | ORDER ON JOINT MOTION FOR EXTENSION OF TIME TO FILE RESPONSES TO MOTIONS FOR SUMMARY JUDGMENT granting (65) Motion for Extension of Time to File Response/Reply in case 1:08-cv-03318-LTS-JCF. Defendant and plaintiffs Jeana Barenboim and Jose Ortiz shall have until 7/2/2009 to serve their responses to each other's motions for summary judgment. ENDORSEMENT: This order resolves docket entry no. 65.(Signed by Judge Laura Taylor Swain on 6/23/2009) Filed In Associated Cases: 1:08-cv-03318-LTS-JCF, 1:08-cv-04182-LTS(jar) (Entered: 06/24/2009) | |||
| 2009-07-02 | 67 | 0 | RESPONSE in Opposition re: 62 MOTION for Summary Judgment.. Document filed by Starbucks Corporation. (Attachments: # 1 Exhibit Attachment A-1, # 2 Exhibit Attachment A-2, # 3 Exhibit Attachment A-3, # 4 Exhibit Attachment A-4, # 5 Exhibit Attachment A-5, # 6 Exhibit Attachment B)(Paniccia, Jessica) (Entered: 07/02/2009) | 2012-12-28 09:52:30 | 0266bfbca02c86634238e31d2f57223eef665171 | |
| 67 | 2 | Exhibit Attachment A-1 | ||||
| 67 | 3 | Exhibit Attachment A-2 | ||||
| 67 | 4 | Exhibit Attachment A-3 | ||||
| 67 | 5 | Exhibit Attachment A-4 | ||||
| 67 | 6 | Exhibit Attachment A-5 | ||||
| 67 | 7 | Exhibit Attachment B | ||||
| 2009-07-02 | 68 | 0 | DECLARATION of Jessica W. Paniccia in Opposition re: 62 MOTION for Summary Judgment.. Document filed by Starbucks Corporation. (Attachments: # 1 Exhibit)(Paniccia, Jessica) (Entered: 07/02/2009) | |||
| 68 | 2 | Exhibit | ||||
| 2009-07-02 | 69 | 0 | COUNTER STATEMENT TO Document filed by Starbucks Corporation. (Paniccia, Jessica) (Entered: 07/02/2009) | |||
| 2009-07-02 | 70 | 0 | MEMORANDUM OF LAW in Opposition re: 56 MOTION for Summary Judgment.. Document filed by Jose Ortiz, Jeana Barenboim. (Liss-Riordan, Shannon) (Entered: 07/02/2009) | |||
| 2009-07-13 | 71 | 0 | REPLY MEMORANDUM OF LAW in Support re: 56 MOTION for Summary Judgment.. Document filed by Starbucks Corporation. (Attachments: # 1 Exhibit Attachment A)(Paniccia, Jessica) (Entered: 07/13/2009) | 2009-12-17 14:02:06 | 31e8f9df4563efb9e8307eb235ea2993320adf2b | |
| 71 | 1 | Exhibit Attachment A | 2012-12-28 09:57:31 | 5a83b865950d93f0511af5f32ba12d86df0f9a90 | ||
| 71 | 2 | Exhibit Attachment A | ||||
| 2009-08-14 | 72 | 0 | JOINT MOTION To Modify Pretrial Scheduling Order to Stay Damages Discovery and Reset Pretrial Conference Pending Ruling on Class and Summary Judgment Motions. Document filed by Jose Ortiz.(Liss-Riordan, Shannon) (Entered: 08/14/2009) | |||
| 2009-09-02 | 73 | 0 | MEMO ENDORSED granting (72) Motion for JOINT MOTION TO MODIFY PRETRIAL SCHEDULING ORDER TO STAY DAMAGES DISCOVERY AND RESET PRETRIAL CONFERENCE PENDING RULING ON CLASS AND SUMMARY JUDGMENT MOTIONS in case 1:08-cv-03318-LTS-JCF. SO ORDERED (Signed by Judge Laura Taylor Swain on 9/1/2009) Filed In Associated Cases: 1:08-cv-03318-LTS-JCF, (jmi) Modified on 9/3/2009 (jmi). (Entered: 09/02/2009) | |||
| 2009-09-02 | 74 | 0 | ENDORSED LETTER addressed to Judge Laura Taylor Swain from Samidh Guha dated 9/2/2009 re: Requesting an oral argument on the summary judgment and class motions currently pending before the Court. ENDORSEMENT: The Court will inform the parties if it wishes to schedule oral argument. (Signed by Judge Laura Taylor Swain on 9/2/2009) (jpo) (Entered: 09/02/2009) | |||
| 2009-10-14 | 75 | 0 | ORDER GRANTING REQUEST FOR CHANGE OF ATTORNEY NAME: The docket will be changed to reflect the new name of attorney Jessica W.P. D'Arrigo (formerly Jessica W. Paniccia) of Akin Gump Straus Hauer & Feld LLP, admitted pro hac vice as counsel for defendant Starbucks Corporation. (Signed by Judge Laura Taylor Swain on 10/14/09) (dle) (Entered: 10/15/2009) | |||
| 2009-12-16 | 76 | 0 | OPINION AND ORDER:#98364 Defendant's summary judgment motion is granted in its entirety. Plaintiffs' cross-motion for summary judgment is denied in its entirety. Accordingly, all of Plaintiffs' claims are dismissed, other than plaintiff Barenboim's individual training claim. Plaintiffs' motion for class certification is denied in its entirety. The parties must promptly contact Magistrate Judge Francis' chambers to schedule a settlement conference. If the parties fail to settle their dispute. they must appear for a Final Pre-Trial Conference on Friday, March 12, 2010, at 3:00 p.m. The parties must confer and make submissions in advance of the Final Pre- Trial Conference as required by the previously entered Pre-Trial Scheduling Order (docket entry no. 26). This Opinion and Order resolves docket entry nos. 41, 56 and 62. (Signed by Judge Laura Taylor Swain on 12/16/2009) (jpo) Modified on 12/17/2009 (eef). (Entered: 12/16/2009) | |||
| 2010-02-16 | 77 | 0 | ENDORSED LETTER addressed to Judge Laura Taylor Swain from Nathan J. Oleson dated 2/9/10 re: counsel requests that Your Honor stay the current pretrial deadlines pending completion of the settlement conference. ENDORSEMENT: The stay request is granted as to activities in preparation for the final pretrial conference. The March 12, 2010, conference is adjourned to a control date of April 9, 2010 at 10:00 a.m. before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 2/11/10) (djc) (Entered: 02/16/2010) | |||
| 2010-03-11 | 78 | 0 | ENDORSED LETTER addressed to Judge Laura Taylor Swain from Samidh Guha dated 3/10/2010 re: The parties respectfully submit that the same considerations justify an amendment to the current pretrial deadlines. The only reason the parties did not proceed with their settlement conference on February 26, 2010 was a winter storm that forced the closure of the Court. The parties promptly rescheduled their settlement conference for March 31, the earliest available date on which both Magistrate Judge Francis and the parties were available. The parties accordingly request that the Court: (I) reset the March 10, 2010 deadline for filing pretrial motions, including motions in limine, to April 9, 2009; and (2) reset the control date and final pretrial conference from April 9, 2010 to April 28, 2010. This three-week postponement of the final pretrial conference is consistent with the revised post-settlement conference schedule the Court set in anticipation of the settlement conference proceeding on February 26,2010. ENDORSEMENT: The requested deadline extensions are granted. The final pretrial conference/ control date is adjourned to April 26, 2010, at 3:00. SO ORDERED. ( Motions due by 4/9/2010, Pretrial Conference set for 4/26/2010 at 03:00 PM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 3/11/2010) (jmi) (Entered: 03/11/2010) | |||
| 2010-04-09 | 79 | 0 | MOTION in Limine to Include Plaintiff Jose Ortiz's Claim for Failure to Pay Tips During Training. Document filed by Jeana Barenboim. (Attachments: # 1 Exhibit A)(Liss-Riordan, Shannon) (Entered: 04/09/2010) | |||
| 2010-04-09 | 80 | 0 | MOTION in Limine to Preclude Questioning About or Reference to Tax Filings. Document filed by Jeana Barenboim.(Liss-Riordan, Shannon) (Entered: 04/09/2010) | |||
| 2010-04-16 | 81 | 0 | ENDORSED LETTER: addressed to Judge Laura Taylor Swain from Samidh Guha dated 4/15/2010 re: Defendant accordingly requests that the Court reset the final pretrial conference control date currently scheduled for April 26, 2010 to May 24, 2010, in addition to all other pre-trial deadlines related thereto, including: The April 9 deadline to file pre-trial motions, including motions in limine; the April 16 deadline to file a Joint Pretrial Statement: and the April 19 deadline to file proposed voir dire, request to charge and jury verdict forms. Additionally Defendant seeks to stay any deadlines to respond to plaintiffs motions in limine until the parties have exhausted all possible avenues of settlement for this claim. ENDORSEMENT: The final pretrial conference is reset for May 28, 2010 at 10:00 AM, and the related deadlines are modified accordingly. The request to stay deadlines to respond to the pending motions in limine is denied. No further extensions or stays. So Ordered.) (Signed by Judge Laura Taylor Swain on Samidh Guha) (js) (Entered: 04/16/2010) | |||
| 2010-04-16 | 82 | 0 | LETTER addressed to Judge Laura Taylor Swain from Shannon Liss-Riordan dated 4/16/10 re: counsel responds to the letter that was faxed to chambers last night from Starbucks' counsel. Document filed by Jose Ortiz, Jeana Barenboim.(djc) Modified on 4/22/2010 (djc). (Entered: 04/19/2010) | |||
| 2010-04-19 | 83 | 0 | RESPONSE in Opposition re: 79 MOTION in Limine to Include Plaintiff Jose Ortiz's Claim for Failure to Pay Tips During Training.. Document filed by Starbucks Corporation. (D'Arrigo, Jessica) (Entered: 04/19/2010) | |||
| 2010-04-19 | 84 | 0 | RESPONSE in Opposition re: 80 MOTION in Limine to Preclude Questioning About or Reference to Tax Filings.. Document filed by Starbucks Corporation. (D'Arrigo, Jessica) (Entered: 04/19/2010) | |||
| 2010-05-18 | 85 | 0 | NOTICE of of Offer of Judgment Pursuant to Fed. R. Civ. P. 68. Document filed by Jeana Barenboim. (Liss-Riordan, Shannon) (Entered: 05/18/2010) | |||
| 2010-05-18 | 86 | 0 | NOTICE of of Acceptance of Offer of Judgment Pursuant to Fed. R. Civ. P. 68. Document filed by Jeana Barenboim. (Liss-Riordan, Shannon) (Entered: 05/18/2010) | |||
| 2010-06-08 | 87 | 0 | ENDORSED LETTER addressed to Judge Laura T. Swain from Samidh Guha dated 5/27/2010 re: Counsel for defendant Starbucks Corp. writes on behalf of all parties to request that the Court adjourn the final pretrial conference currently scheduled for 5/28/2010. ENDORSEMENT: The request is granted. The conference is adjourned to 9/10/2010, at 4:00 pm. The Clerk of Court is requested to terminate docket entries 79 and 80 as moot. SO ORDERED. ( Final Pretrial Conference set for 9/10/2010 at 04:00 PM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 6/7/2010) (tve) (Entered: 06/08/2010) | |||
| 2010-09-09 | 88 | 0 | ENDORSED LETTER addressed to Judge Laura Taylor Swain from Nathan J. Oleson dated 9/8/2010 re: Counsel requests that the Court adjourn the pretrial conference currently scheduled for 9/10/2010 9/24/2010. ENDORSEMENT: The request is granted. The conference is adjourned to September 24, 2010, at 9:45 AM. (Final Pretrial Conference set for 9/24/2010 at 09:45 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 9/9/2010) Filed In Associated Cases: 1:08-cv-03318-LTS-JCF, 1:08-cv-04182-LTS(tro) (Entered: 09/09/2010) | |||
| 2010-09-24 | 89 | 0 | ENDORSED LETTER addressed to Judge Laura Taylor Swain from Nathan OIeson dated 9/23/10 re: Request to adjourn the 9/24/10 pretrial conference until 10/8/10. ENDORSEMENT: The conference is adjourned to 10/8/10 at 10:00 am. (Pretrial Conference reset for 10/8/2010 at 10:00 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 9/24/10) Filed In Associated Cases: 1:08-cv-03318-LTS-JCF, 1:08-cv-04182-LTS(cd) (Entered: 09/27/2010) | |||
| 2010-10-07 | 90 | 0 | STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Julianne Harayda and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Starbucks Corporation.Associated Cases: 1:08-cv-03318-LTS-JCF, 1:08-cv-04182-LTS(Oleson, Nathan) (Entered: 10/07/2010) | |||
| 2010-10-08 | 91 | 0 | MEMO ENDORSEMENT on: (24 in 1:08-cv-04182-LTS, 90 in 1:08-cv-03318-LTS-JCF) Stipulation of Voluntary Dismissal With Prejudice, filed by Starbucks Corporation. ENDORSEMENT: In light of the foregoing, the Clerk of Court is respectfully requested to close cases 08 cv 3318, 08 cv 4182 and any other related or component cases. (Signed by Judge Laura Taylor Swain on 10/7/10) Filed In Associated Cases: 1:08-cv-03318-LTS-JCF, 1:08-cv-04182-LTS(cd) (Entered: 10/08/2010) | 2013-07-02 01:39:11 | 65918bfe23bffb1b2fbb7340cc9a6ae2742918c8 | |
| 2010-10-13 | 92 | 0 | FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - NOTICE of APPEAL. Document filed by Jeana Barenboim, Jose Ortiz. (Liss-Riordan, Shannon) Modified on 12/3/2010 (kkc). (Entered: 10/13/2010) | |||
| 2010-11-08 | 93 | 0 | FILING ERROR - DEFICIENT DOCKET ENTY - BILL OF COSTS Document filed by Starbucks Corporation. (Attachments: # 1 Exhibit Bill of Costs, # 2 Exhibit Affidavit of Samidh J. Guha in Support of Bill of Costs, # 3 Exhibit Itemization and Invoices for Costs Claimed)(Oleson, Nathan) Modified on 11/10/2010 (KA). (Entered: 11/08/2010) | |||
| 2010-11-08 | 94 | 0 | BILL OF COSTS [Corrected Version] Document filed by Starbucks Corporation. (Attachments: # 1 Exhibit Bill of Costs, # 2 Exhibit Affidavit of Samidh J. Guha in Support of Bill of Costs, # 3 Exhibit Itemization of Costs and Invoices)(Oleson, Nathan) (Entered: 11/08/2010) | |||
| 2010-12-02 | 95 | 0 | NOTICE OF APPEAL (This Document Relates To: All Actions) from 76 Memorandum & Opinion, Set Deadlines/Hearings. Document filed by Jeana Barenboim, Jose Ortiz. Filing fee $ 455.00, receipt number E 922675. (tp) (Main Document 95 replaced on 12/3/2010) (tp). (Entered: 12/03/2010) | |||
| 2011-01-06 | 96 | 0 | TRANSCRIPT of proceedings held on July 11, 2008 before Judge Laura Taylor Swain. (mro) (Entered: 01/06/2011) | |||
| 2012-10-23 | 97 | 0 | TRUE COPY OPINION of USCA as to 95 Notice of Appeal, filed by Jose Ortiz, Jeana Barenboim USCA Case Number 10-4912-cv; 11-3199-cv. Appeals heard in tandem from awards of summary judgment in favor of defendant Starbucks Corporation in the United States District Court for the Southern District of New York. In No. 10-4912-cv, Plaintiffs, representing a putative class of Starbucks baristas, contend that the District Court erred in failing to construe New York Labor Law 196-d to prohibit Starbucks from distributing pooled tips to shift supervisors, who are purportedly Starbucks "agent[s]," as that word is used in the statute. In no. 11-3199-cv, plaintiffs, representing a putative class of Starbucks Assistant Store Managers ("ASMs"), contend that the District Court erred in construing 196-d as not requiring Starbucks to include ASMs in its tip pools. Because these cases turn on the proper construction of New York Labor Law 196-d, and the New York Court of Appeals has yet to construe the meaning of the word "agents" under the statute or to decide whether an employer may exclude a tip-earning employee from receiving distributions from a common tip pool. we defer decision and certify these questions to the New York Court of Appeals. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 10/23/2012. (nd) (Entered: 10/24/2012) | 2013-07-01 04:13:08 | 18fb64badd9613f6c13f3ae67c0c54c28cbb62db | |
| 2013-12-12 | 98 | 0 | MANDATE of USCA (Certified Copy) as to 95 Notice of Appeal, filed by Jose Ortiz, Jeana Barenboim USCA Case Number 10-4912-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/12/2013. (nd) (Entered: 12/12/2013) |